Legal Opinion

Gilbert v. . Finch

New York Court of Appeals

Decided February 10, 1903PublishedCited by 110 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1902, reversing a judgment in favor of defendants entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1902, reversing a judgment in favor of defendants entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants having acted in good faith, with the utmost care, without personal advantage, having no object except to increase the legitimate business of their company, are not liable in this action. (Symmes v. U. T. Co., 60 Fed. Rep. 830, 853; Morawetz on Corp. § 553;…

1Opinion of the CourtHaight, J.

This action was brought by the plaintiff, as receiver of the Commercial Alliance Insurance Company, against the defendants, as directors of that company, to recover the sum of ten thousand dollars and interest.

The Commercial Alliance Insurance Company was incorporated under the laws of this state and continued in business until October, 1894, when the plaintiff was appointed receiver in an action brought for that purpose by the attorney-general of the state. The evidence taken upon the trial tends to show that prior to the bringing of the action by the attorney-general the defendants, and…

2Cases cited12 opinions

  1. Ellis v. EssonWisconsin Supreme Court · 1880
  2. Sloan v. HerrickSupreme Court of Vermont · 1877
  3. Miller v. FentonNew York Court of Chancery · 1844
  4. Kirby v. TaylorNew York Court of Chancery · 1822
  5. Whittemore v. Judd Linseed & Sperm Oil Co.New York Court of Appeals · 1891

7 more not listed; retrieve them via the Exa API.

3Cited by110 opinions

  1. Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
  2. Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
  3. Irving Trust Co. v. DeutschCourt of Appeals for the Second Circuit · 1934
  4. Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
  5. Derby v. PrewittNew York Court of Appeals · 1962

105 more not listed; retrieve them via the Exa API.

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